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Dentons Canadian Occupational Health & Safety Law

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Caselaw Developments

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Worker Guilty of Obstructing MOL Inspector by Refusing to Answer Questions

A worker who refused to answer a Ministry of Labour inspector’s questions during an accident investigation has been found guilty […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Bad-Faith Work Refusal Complaint to MOL Justified Discipline – Reinstatement Denied

The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety Professionals - Practice Issues

City Reasonably Relied on Engineer’s, Architect’s Stamp: OHSA Charge Dismissed in Wall Collapse Case

The City of Guelph acted reasonably when it relied on the stamped drawing of an architect and engineer as evidencing […]

By Adrian Miedema
  • Caselaw Developments

“Ten Times the Effort” to Manage Employee’s Absenteeism, Addictions: Dismissal Upheld

An employee with a long history of substance abuse issues and absenteeism was properly dismissed after he attended at work […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Safety Violations Get 37-Year Employee Fired for Cause

We don’t often hear of 37-year employees being fired for just cause.  An arbitrator has recently upheld the dismissal of […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Fear of Personal OHSA Liability Caused Employee’s Anxiety Disorder: Human Rights Tribunal

Supervisors and safety professionals have often told me that they fear being personally charged under the Occupational Health and Safety […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

Alleged Sexist Comments at OLRB Safety-Reprisal Mediation were Privileged, Could not Form Basis For Discrimination Complaint

An alleged comment that “women don’t like to do that job”, and other discussions at an Ontario Labour Relations Board […]

By Adrian Miedema
  • Caselaw Developments
  • Other Safety Developments
  • Violence and Harassment

Court Dismisses Safety-Reprisal Complaint Related to Family Dispute

An employee who claimed that he was dismissed after sharing his concerns about the well-being of himself and his children and the […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety Professionals - Practice Issues

Safety and HR Consultants Beware: Unlicensed Private Investigator Convicted

Health and safety and human resource consultants who conduct investigations or retain outside experts to do so, should pay attention to a […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Managers File Complaints about Employees’ Offensive Blog Posts, but Remedy Denied

Usually employees complain about their managers, not the other way around. In an interesting case, a group of managers, who […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Supervisor’s OHSA Violation Grounds Criminal Negligence Charge

A supervisor’s violation of the Occupational Health and Safety Act can ground a criminal negligence charge against him, an Ontario […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Safety Manual “Lacking in Efficiency” – Employer Convicted under OHSA

An Ontario justice of the peace has held that an employer’s safety manual was defective, and has convicted the employer […]

By Adrian Miedema

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